As Mr. Trahan was saying in terms of the importance of treating delinquents on an individual basis, we have some serious concerns with this bill. The number of people in prison is expected to go up. I have heard it said that people coming back through the system will eventually end up in prison. Those people go to prison now. The people who constantly come back through the system go to prison. The more they go through the system, the more that is true.
But this bill—and this is what worries us—is sure to send to prison people who should not be sent there, people who would not be sent to prison by a judge. People for whom a prosecutor would not ask for a prison sentence because those people can be rehabilitated and the circumstances of the offence are such that a prison sentence is not warranted. That is what is unfair and that is what should be corrected.
In our brief, we also pointed out that legislative proposals had been submitted under other bills. In addition, studies done by Commonwealth countries have set out situations where judges do not have to apply minimum penalties. Imposing minimum sentences is a choice legislators make. At the Bar, we don't feel it is a solution. We are opposed to minimum sentences. It is the legislator's choice, but we think that, if the legislator wants this option and the choice is made, people should remember that some individuals who appear in court do not deserve the punishment they will surely get.
When you impose a punishment on people who do not deserve it, you are likely to break their spirit. That is what we are afraid of. Instead of rehabilitating them and making their reintegration into society easier, you are likely to exclude them. We urge the members of the committee to think about that. In some cases, the people have to go to prison and the judges will give them a prison sentence. As Mr. Ouimet pointed out, if a prosecutor—in this instance, the one responsible for protecting the interests of society—thinks a sentence is not just, an appeal process ensues. Even the Supreme Court agrees to hear references on sentences. Of course, there are a lot of cases. Reoffenders are not the only ones who appear in court. Many people—